Bombay High Court
Subramaniam Balkrishnan Thevar @ Mani ... vs The State Of Maharashtra on 28 August, 2019
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
BA 2994-18.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2994 OF 2018
Subramaniam Balkrishnan Thevar .Applicant
Vs.
The State of Maharashtra .Respondent
Mr. Kuldeep Patil a/w Mr. Ankit Takle i/b. Mr. Mahesh M. Mule,
Advocate, for the Applicant
Mr. A. R. Kapadnis, APP, for the Respondent - State
Mr. Nilesh Baban Tambe, API, Crime Branch, Navi Mumbai present
CORAM : REVATI MOHITE DERE, J.
DATE : 28.08.2019
P. C.
. Heard learned counsel for the parties.
2. By this Application, the Applicant seeks his enlargement on
bail in connection with C. R. No. 169 of 2016 registered with the NRI
Sagari Police Station, Navi Mumbai, for the alleged offences punishable
under Sections 395, 397, 120B of the Indian Penal Code; under Sections
3, 25 of the Arms Act; under Section 37(1) r/w 135 of the Maharashtra
Police Act and under Sections 3(1)(ii), 3(2), 3(4) of the MCOC Act.
3. Learned counsel for the Applicant submits that there is no
material to connect the Applicant with the alleged offence. He submits
that the only allegation against the Applicant is that he had kept the
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ornaments allegedly given by co-accused - Nadar, at his mother's house
in Tamil Nadu. He submits that apart from the said material, there is no
other material to show that the Applicant was amongst the five unknown
persons, who entered the office of Popular Finance Company and
assaulted and terrorized the working staff with gun and koyta. He
further states that the Applicant has no antecedents.
4. Learned APP has filed an Affidavit of Ajay Ramrao Kadam,
ACP, Crime Branch, Navi Mumbai. Learned APP does not dispute the
fact that the Applicant was not amongst the five unknown persons, who
entered the office of Popular Finance Company, where the incident took
place. He however, states that the Applicant had kept the ornaments in
Tamil Nadu with his mother. Learned APP relied on the statement of the
Applicant's mother - Smt. Yuvmal Balkrishnan.
5. Perused the papers. According to the Complainant, the
incident took place on 06.08.2016 at about 14:45 to 15:00 hours. The
Complainant has alleged that five persons armed with deadly weapons
and fire arms entered the office of Popular Finance Company, where the
Complainant was working and committed dacoity of gold weighing 21
kgs 993 grams, 900 miligrams ( value of which was about Rs.
6,69,32,000/- ) as well as cash of Rs. 9,50,000/-, hard disk and DVR.
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6. During the course of investigation, the Applicant alongwith
other co-accused were arrested. According to the prosecution, Arputraj
@ Appu Palraj Nadar is the main gang leader of the organized crime
syndicate and was engaged in several unlawful activities. As far as the
Applicant is concerned, it is not in dispute that the Applicant was not
amongst the five unknown persons who entered the office of Popular
Finance Company. The allegation as against the Applicant is that he
handed over the gold ornaments given by co-accused - Arputraj @ Appu
Palraj Nadar to his mother. The statement of the Applicant's mother
which is on page No. 806 of the Application shows that on 15.08.2016,
the Applicant visited her residential house in Tamil Nadu and that he
gave certain gold ornaments to her for safe keeping. She has stated that
when she questioned him ( Applicant ) about the ornaments, he
disclosed that his friend - Arputraj @ Appu Palraj Nadar had given it to
him for safe keeping. Admittedly, the Applicant has no antecedents. The
Applicant is in custody since August, 2016. Investigation is complete
and charge-sheet is filed.
7. Considering the aforesaid, it is difficult to come to the
conclusion that the Applicant is guilty of the alleged offences with
which he is charged. Accordingly, the Application is allowed and the
Applicant is enlarged on bail on the following terms & conditions :-
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ORDER
(i) The Applicant be enlarged on bail, on executing P. R. Bond in the sum of Rs. 25,000/- with one or more local sureties in the like amount;
(ii) The Applicant shall report to the investigating officer of the concerned police station on the first Saturday of every month between 10:00 a. m. and 12.00 noon till the conclusion of the trial;
(iii) The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;
(iv) The Applicant shall inform his latest place of residence and mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;
(v) The Applicant shall not leave Mumbai City / Thane City without prior permission of the trial Court;
(vi) The Applicant to cooperate with the conduct of the trial and attend the Court on every date, unless exempted;
(vii) The Applicant shall file an undertaking with regard to clauses (ii) to (vi) in the trial Court, within two weeks of his release;
(viii) If there are two consecutive defaults either in attending the 4 of 5 ::: Uploaded on - 30/08/2019 ::: Downloaded on - 30/08/2019 21:02:21 ::: BA 2994-18.doc Police Station or in appearing before the trial Court, or breach of any of the aforesaid conditions, the prosecution shall be at liberty to seek cancellation of the Applicant's bail.
8. The Application is allowed in the aforesaid terms and is accordingly disposed of.
9. It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.
All concerned to act on the authenticated copy of this order.
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